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IT IS UNETHICAL FOR COUNSEL TO MAKE APPEARANCE TO ASK FOR ADJOURNMENT TO ENABLE SENIOR COUNSEL CONDUCT PROCEEDINGS

Dictum

Furthermore, it is unethical, undesirable and intolerable that a counsel should attend or appear in court in a matter or case merely to ask for an adjournment to enable a more senior colleague to conduct the matter. See the case of Madu v. Okeke (1998) 5 NWLR (Pt.548) 159.

— Garba, JCA. Shona-Jason v Omega Air (2005) – CA/L/418/2000

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DRAWING UNINTENDED CONCLUSIONS FROM JUDGES STATEMENTS

Sir James Bacon, V.C., said in Green’s Case (1874) L.R. 18 Eq C.A. 428:- “In the judgments which Judges pronounce, this is inevitable, that having their minds full, not only of the cases before them, but of all the principles involved in the cases which have been referred to, it very often happens that a Judge, in stating as much as is necessary to decide the case before him, does not express all that may be said upon the subject. That leaves the judgment open sometimes to misconstruction, and enables ingenious advocates by taking out certain passages, to draw conclusions which the Judge never meant to be drawn from the words he used.”

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COUNSEL SHOULD DRAW COURT’S ATTENTION TO PREVIOUS DECISION

However, learned Counsel for the Respondent failed to draw the attention of the Court to this previous decision. Clearly, he had a duty in law to do so; see Global Trans. S.A. v. Free Enter. (Nig.) Ltd. (2001) 5 NWLR (Pt.706) 426 where it was stated that it is the duty of Counsel to draw the Court’s attention to previous decision of the Court on the same subject matter.

— I.E. Ekwo, J. Daudu v FIRS (2023) – FHC/ABJ/TA/1/2021

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EFFECT OF COUNSEL STATEMENT FROM THE BAR

It is settled that a statement by a counsel from the Bar has the character of an oath and the court is bound to take this into consideration. See Tika Tore Press Ltd. v. Umar (1968) 2 ALL NLR 107.

— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)

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NATURE OF RELATIONSHIP BETWEEN CLIENT & COUNSEL

The nature of the legal relationship between Counsel and his client, which exists in this case between plaintiff and PW1, his Counsel, is one of an independent contractor and not one of principal and agent. (See Performing Right Society Ltd v. Mitchell &.Booker Palais de Danse Ltd (1924) 1 KB 702 at page 365 per McCardie J). It is not that of master and servant. Counsel is clearly not a servant of his client. It is accepted that where a client gives specific instruction to Counsel, such instruction must be adhered to. Where the nature of the specific instruction is in conflict with the manner of discharging his professional skills and interferes with his control of how to conduct the case of his client, Counsel is entitled to return the brief to his client. Counsel who is in law, the dominis litis is not bound to obey any such instructions. It is in the exercise of his apparent general authority in the discharge of his professional duties to his client, to have complete control how such instructions are to be carried out, and over the conduct of the case.

– Karibi-Whyte, JSC. Afegbai v. A.G Edo State (2001)

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COUNSEL SHOULD NOT JOIN THE PUBLIC TO RAISE BIAS ON A JUDGE

The above quoted obiter of the learned trial judge did not form part of the ratio decidendi of the judgment and is a good example of the less said, the better by way of obiter in a judgment. In any event, the current penchant of counsel to allege bias against judicial officers under every imagined pretext must be highly deprecated, condemned and discouraged. It does not enhance the confidence of the public in the judicial process and only serves to erode the rule of law. Justice is rooted in confidence. If the parties felt strongly that there was a fiduciary relationship between the Bench and any lawyer or party, it was their duty to draw attention to it BEFORE the case was heard and determined by the judge. It is obviously the antics of a bad loser to cry foul after the case had been lost.

— H.M. Ogunwumiju, JCA. Godwin Ukah & Ors. V. Christopher A. Onyia & Ors. (CA/E/295/2008, 21 Jan 2016)

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WHERE COUNSEL ABSENT, BRIEF WILL BE DEEMED ADOPTED

The Respondent’s Brief of Argument dated and filed on 3rd November, 2020, which was settled by Adedotun Ishola Osobu Esq, was deemed adopted pursuant to Order 19 Rule 9(4) of the Court of Appeal Rules, 2016.

— A.B. Mohammed, JCA. ITDRLI v NIMC (2021) – CA/IB/291/2020

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